Conservation Commission

Minutes of the Taunton Conservation Commission August 16, 2021 Present: Chair Steven Turner, Commissioners Joshua Borden, Richard Enos, Luis Freitas, Matthew Haggerty, and Jan Rego. Conservation Agent, Michele Restino and Recording Secretary Denise Irving also present Absent: Vice Chair Debra Botellio Motion to approve the minutes of the July meeting. JB, second JR so voted Continued Violation: 1. 10 Mineral Street Ann Grealish Rust, 10 Mineral Street present. She has spoken with two engineering companies and is waiting to hear back from Corey Medeiros of CEC. ST asked that she keep MR informed of the progress. Motion to continue until 9/13/2021 RE, second JR so voted. Motion made to continue the following until 9/13/2021 JB, second JR so voted.  32 Pinehurst Street, Pinehurst Property Development, COC, SE73-2628 to close the Order of Conditions.  28 Pinehurst Street, Pinehurst Property Development, COC, SE73-2656 to close the Order of Conditions.  22 Vernon Street, Aspen Properties Development, COC, SE73-2678 to close the Order of Conditions. Certificate of Compliance: 1. 155 Run Brook Circle, Run Brook Development, LLC, COC, SE73-2866 to close the Order of Conditions. Chris Moniz present. Motion to approve JB, second MH so voted. 2. 163 Run Brook Circle, Run Brook Development, LLC, COC, SE73-2859 to close the Order of Conditions. Chris Moniz present. Unstable area by wetland. Motion to continue until 9/13/2021 JR, second MH so voted. 3. 171 Run Brook Circle, Run Brook Development, LLC, COC, SE73-2865 to close the Order of Conditions. Chris Moniz present. Motion to approve JB, second MH so voted. 4. 36 Nelton Avenue, Delfino, COC, SE73-2811 to close the Order of Conditions. Steve Gilbert, SFG Associates present. Motion to approve JB, second MH so voted. 5. 630 Burt Street (Lot 1), Mason/Eastside Investments, LLC, COC, SE73-2893 to close the Order of Conditions. Motion to continue until 9/13/2021 JR, second JB so voted. Continued Public Meeting: 1. 25 Edgewater Lane, Lopes, RDA, DSE-1270 to install an 18’ above ground pool. Maria Lopes owner present. She is working on trying to find an Engineer in regards to the dock and will hopefully secure someone this month. JB would like to see the pool moved 10’ out of the reserve area. Motion to issue a negative determination for the pool and MR will show where it should be put. JR, second RE so voted. 2. 20B Colt Circle, Bouchard, RDA, DSE-1274 to install an above ground pool Seth Bouchard, owner present. JB asks if they are on city sewer – yes. Motion to issue a negative determination with Special Conditions 1-4, 18. JB, second JR so voted. Public Meeting: 1. 58 Riverfield Road, Manuelian, RDA, DSE-1280 for a septic system repair. Steve Gilbert, SFG Associates present. JB would like the shed moved out of the wetlands. Motion to issue a negative determination with Special Conditions 1-4, 7, 8, 13, 14, 18, 19, 24. RE, second JB so voted. JB steps down 2. 82 Landing Drive, Rocha, RDA, DSE-1279 remove existing deck & construct a 13’ x 13’ three season room addition. Jose Rocha owner, Derek Rocha present. RE asks if there is to be any digging for extra posts. – Not sure but will not be near the wetland. Motion to issue a negative determination with Special Conditions 1- 4, 18, 19. LF, second MH so voted. JB back in Continued Public Hearing: 1. Winthrop Street (Assessor’s 103-28), D.I. Trust II, NOI, SE73-2921 for one infiltration basin in association with a proposed 135 SFH lot subdivision on parcels in Dighton. Motion to continue to 9/13/2021. JB second, MH so voted. 2. 27 Blinn’s Court, Binda, NOI, SE73-2923 for construction of two residential duplexes and driveway. Mike Binda, owner and John DeSousa, Northcounty Group present. They had met on site with MR and abutter. Went thru the wetland areas and agreed to move the driveway, and elevate, added swale to help with water. Shrunk house on rear lot, drains around houses to help alleviate ground water to neighboring property. JB asked if they would put up post rail fence to deter people from dumping grass at rear of property? – Yes. ST asked how many neighbors they met with? – One. LF asked 2 residential duplexes are going to be 2 single family houses now? – Yes. Fair to say raised ranches? – Yes, fair to say. Public Input: Caitlyn Gonyer, abutter representative. Met for field visit, concerns of the stormwater going into the stream – would like to see more details on that. Concerns for the rear lot and Mr. Binda agreed to clear ditch so water drains from the PACC on both sides along with the homeowners help in maintaining. Agreed to have put in deed. Ms. Gonyer asked if they would have to come back to the Commission if they wanted any sheds, deck, etc. and ST said yes. JB read Special Condition 3 and feels it addresses the concerns. LF asked if she represented the neighbors? She said yes and 30 Blinns Court. RE asked who is going to monitor the cleaning? MR will monitor and Mr. Binda will notify her when ready. Zack Robey, 31 Blinns Court voiced concerns regarding vegetation management. Frank Lawrence, 25 Blinns Court has major water concerns. He currently has three sump pumps and French drain, plus the water goes across the road. ST asked where does the stream start? – Top of the hill by School Street. Motion was made to have DPW check into this water issue regarding drainage and the need for cleaning. JB, second JR so voted. RE requested to add Special Condition #36 for MR to monitor and #37 for post and rail fence 15’ off the wetlands as discussed. Motion to approve with Special Conditions 1-5, 16, 17, 19, 21, 25-27, 36, 37. JB, no second. Motion to deny entire project due to ground water issues and neighbor concerns. JR, second MH. LF, JR, JB, MH vote to deny. RE vote against denial. Motion carries to deny. 3. 147 Winthrop Street, McClean, NOI, SE73-2912 reconfigure parking to include 2 spots in front and removal of a concrete patio. No one present. Motion to continue until 9/13/2021 and that the Owner or Representative must be present as there will be no further continuances and if they wish to proceed they will have to refile. JB, second MH so voted. Public Input: Juanita Gallagher 145 Winthrop Street. Ms. Gallagher has major water concerns. No longer has a lawn due to flooding, just mud. Has three sump pumps running to keep her basement dry. She stated she offered to buy the house to save the neighborhood. 4. 100 Revolutionary Drive (including Assessor’s Lots 119-6, 17, 18, 63, & 64), Ciffolillo/Taunton L & U, LLC, ANRAD, SE73-2929 for resource area delineation. Motion to continue until 9/13/2021 JB, second MH so voted. 5. Railroad Ave. (Assessor’s Lot 125-14), Railroad Ave. Trust, LLC, NOI, SE73- XXXX for construction of a common driveway and two duplex buildings. No DEP received. Motion to continue until 9/13/2021 JB, second MH so voted. Public Hearing: 1. 21 Walker Ave., Caras, NOI, SE73-2933 for septic system repair with retaining wall reconstruction. Steve Gilbert, SFG Associates present. Motion to approve with Special Conditions 1-5, 8, 9, 17, 19, 21, 25-27 JB, second MH so voted. 2. 44 Dean Street, Amaral/Innovative Investment Corp., NOI, SE73-2932 proposed construction of residential condominiums with parking and utilities. Dave Santos, Prime Engineering present. There will be 22 condos, a real estate office and one apartment on the second floor of the historical building that will be remaining. ST asks slabs? – yes. Water table? – don’t have. Can provide planting guide. Storm water and pocket wetlands (will act as a detention basin) will have plantings and standing water. Motion to continue until 9/13/2021 LF, second JR so voted. 3. 104 Hart Street, Malloch Construction, NOI, SE73-2934 construction of a dead end roadway. Carl Malloch & CJ Malloch, Malloch Construction and Nyles Zagar, Zenith Consulting Engineers present. Mr. Zager discussed the project and the roadway construction. The project was approved by the Planning Board. Originally the plan was for 18 units but now the project will consist of 12 units total on the allowed 6 lots. JR asked if they met with the neighbors? Mr. Malloch answered yes with the direct abutter, letters and phone calls with others. Are in agreement to all items discussed from the field report. RE would like to see #31 added as a Special Condition in regards to only environmentally friendly chemicals to be used. No public input. Motion to approve with Special Conditions 1-9, 11, 16-21, 24-29, 31, & 35. MH, second JR so voted. 4. Middleboro Avenue (Assessor’s Lot 97-2) Ghazal, NOI, SE73-2935 for proposed horse farm. Also to include a gravel access drive, barn, riding ring, corral, well, and vegetation clearing. Georges Ghazal, owner and Claire Hoogeboom, LEC Consultants present. Ms. Hoogeboom discussed the overall project to include silt fencing being installed and turtle sweep done prior to vegetation removal. Gravel roadway to extend into the 25’ buffer zone to allow access to site. There is no other access. ST asks your own horses? Yes there will be three for now. RE how will you handle the manure? Will be picked up once a week or as needed. Special Condition #33 to be added in regards to a manure removal plan. MH stated he had calls from the neighbors calling Mr. Ghazal a good neighbor. Motion to approve with Special Conditions 1-5, 19, 21, 25-27, 33. MH, second RE so voted. 5. 167 Caswell Street, DiBona/Superior Homes, LLC, NOI, SE73-2937 to construct a single family house with septic, driveway, utilities, & associated grading. Mario DiBona present. ST asked if this project was next to the middle school? - Yes JB would like to see septic outside the buffer and an updated plan to show trenching. Motion made to continue to 9/13/2021 and request that Scott Faria from JK Holmgren Engineering be present. RE, second JB so voted. 6. 183 Run Brook Circle (Lot 18), Moniz/Run Brook Dev., LLC, NOI, SE73-2936 to construct a single family home with sanitary system, roof recharge system, driveway, utilities, and grading. Chris Moniz present. Letter from DEP received requesting follow up info that Mr. Moniz has agreed to send them. This will be added as Special Condition #36. Motion to approve with Special Conditions 1-5, 7- 9, 11, 16-19, 21, 25-27, 35, 36. JB, second MH so voted. Continued Violations: 1. 248 Tremont Street – cutting trees, clearing brush, and adding fill within the Riverfront Area. Homeowner not present. Motion to continue to 9/13/2021 and have Homeowner present. JB, second RE so voted. Enforcement Order: 1. 34.5C Briggs Street – John Kombo, homeowner present. Mr. Kombo stated he has problems with his mail and has only received letters hand delivered by MR and the Constable. ST asked if he had any engineers under contract yet? – No. Did you file the Notice of Intent? – No. ST states that the digging of the trench makes you the violator. Mr. Kombo states the trench is not there anymore. LF Mr. Komba has photos of work he did to fix it. Commission reviewed these photos. MH asks how long have you lived there? – 10 years. Do you feel the trench worked 10 years ago? – Never. MR should file NOI to be done properly. ST how can we get the violation taken care of? – MR states he can fix on his own appropriately. ST would like to give him the leeway to work with MR to correct the situation. ST asks how long will it take for you to fix? – 2-3 days of work but he is away until 9/5/2021. ST states Mr. Kombo needs to be in contact with MR regarding this work progress and suggests the Commission continue to October meeting to allow Mr. Kombo to complete the work. Motion to remove the fines at this time and continue to 10/18/2021. MH, second LF so voted. Other Business: 1. Lake Management Plan Discussion: Last month ST read letter from Craig & Debra DeMoura inviting any Commissioners that would like to go on a boat ride of Lake Sabbatia to address concerns of weeds, plants, mosquitoes, etc. LF, JR, JB stated this month that they also would like to attend. MR is getting a quote for a site visit from SOLitude Lake Management to discuss what the issues are and can filing fees be used for this? ST would like to make this a high priority. 2. Non Stamped Plans Discussion: ST noticed two non-stamped plans tonite. MH doesn’t feel that stamped plans are always warranted. There were three that he saw tonite and felt that it worked out fine. ST states to keep monitoring it. LF feels we should leave it the way it has been. Motion to adjourn at 8:30 pm JB, second MH so voted.